Category Archives: Hague convention

NRI Parents with Kids, Beware!

If you are an NRI married to a woman whose permanent home is not in the country you reside in, have children, and you are seeing any signs whatsoever of issues in your marriage, YOU NEED TO ACT FAST to prevent the international parental abduction of your children.

What do i mean by need to act fast? Get a court order to prevent the abduction, have the court rule that passports should be kept in a safe place and accessible only by both parents consent, and once you have the court order ensure that the immigration authorities enter the likely kidnapper’s name in a database so that if the kidnapper tries to leave the country they are apprehended immediately

Remember, prevention is better than cure

There are zillions of cases where parents did not do this and now are suffering. Once a child leaves the jurisdiction of the country you are in, the arms of law become very weak. If the child is kidnapped to a country that is not a signatory to the Hague convention treaty (e.g. India), you’re screwed.

It is not easy to convince the courts but do not give up, get a good lawyer and push the court hard to ensure the order is given

READ THIS ARTICLE WHICH TALKS ABOUT TEXAS AND GETTING THE ORDER PASSED

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Israeli SC orders mom to send child back to Dad

A mom who kidnapped her son away from father was ordered by the SC to return the child to the father. See the difference in the mom and dad and determine for yourself who is likely to be the better parent

MOM–“It is so easy for the court to talk about the importance of parental relations, but then they go and kick the mother out of his life,” she said, adding that with no course of action left for her in Israel, she plans to take her case to both the United Nations and the European Union.

DAD–“I hope his mother comes back with him, too,” he concluded. “A child needs both parents.”

READ FULL STORY HERE

Japan is just like India when it comes to parental child abduction

UPDATE (May 09, 2008): Japan to sign Hague Child Abduction Convention

Japan is known for having virtually no established family law and no tradition of dual custody. Once a couple gets divorced, there is no concept of visitation rights. Children are generally assigned to one parent, never to have contact with the other parent.

Without faltering, judges continuously uphold the cultural imperative that it is in the child’s best interest to stay with whomever she or he is with at that moment. The status quo is protected as police don’t intervene on family matters and judges have no authority over enforcement.  

Japan is not a signatory to the Hague convention

READ THIS HEARTBREAKING STORY THAT I AM ALL TOO FAMILIAR WITH

The Need for an International Family Court

We need an alternative source [when dealing with countries who are non-signatories to the Hague Child Abduction Convention]. I’m not a diplomat or law-enforcement officer. I am just a mom. But I had to learn how to talk to foreign authorities. It becomes an obsession. You want to know your child is safe . . ..

– Maureen Dabbagh, mother of Nadia Dabbagh, abducted at the age of 3 to Syria, and later to Saudi Arabia, by her father, Hisham Dabbagh

CLICK TO READ THE PAPER

Indian Judiciary Needs a Global approach to solve international disputes over child custody

More and more separated NRI couples are taking advantage of India’s inability to resolve inter-country disputes over child custody

CLICK HERE TO READ THE ARTICLE

Another Mommy Re-Abducts

CLICK TO READ THE STORY

When chidren are secretly taken away from parents it leaves the left behind parent with few options. The left behind parents love their beloved children to death and are willing to go to any lengths for justice.

When will the authorities wake up and realize that they need to pursue such cases with urgency, extradite parental abductors and get children back through proper means. Are our children less important that Osama Bin Laden? Maybe to the authorities but not to us and not to the future of the countries the kids were born in

No Extradition Results in Re-abduction

Kidnapping a child from the US by one of the parents is a CRIME that is punishable by law. However when the kidnapping happens to a foreign nation, especially one that is not a signatory to the Hague convention, then the criminal has essentially jumped jurisdictions and is beyond the reach of US law.

There are procedures in place that the US has with several countries (extradition treaties and the like) which allow for justice to be served when a criminal has jumped jurisdictions. However the experience in parental abduction cases has been dismal.

In situations like this, some left behind parents have resorted to re-abducting the children. Most of the left behind parents who have tried this and been successful are mommies. Some of them have realized amazing results in a very short period of time (CLICK TO READ A RECENT STORY)

At the end of the day the child/children are still left without one parent and have become pawns in the battle between two warring parents who cannot seem to act maturely and settle their differences like the adults they are. Is this in the “best interests of the child”? Obviously NOT, but NO ONE SEEMS TO CARE